HomeMy WebLinkAbout1.00 General Application MaterialsGarfield County
Community Development Department
108 8' Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.earFeld-county.com
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
0 Minor Subdivision
(] Preliminary Plan Amendment
Major Subdivision
t2; Final Plat Amendment
Q Sketch=Preliminary=Final
Commonlnterest Community5ubdivision
Conservation Subdivision
Public/County Road Split Exemption
0 Yield OSketch L�JPreliminaryQFinal
E:;;l Rural Wnd Development Exemption
0 Time Extension
Basic Correction Exemption
INVOLVED PARTIES
Owner/Applicant
Name: Levj z- Ckar�.e.nL TYD�P-V- Phone:(9,0) bf�-SOSS
Mailing Address: 1 N-I CVL. Z.33
City: S.r t -1
E-mail: GYV-Dtl2r flZ Q
State: C D Zip Code: IbS Z
C- C'
Representative (Authorization Required)
Name:
Mailing Address:
Phone: (_)
City:
E-mail:
State: Zip Code:
'PROJECT NAME AND LOCATION
Project Name:
Tro_Sr
Assessor's Parcel Number: 2Z - 3 4-0 U I- D gL
Physical/Street Address:S —1 2 `i C 0 -2- 3 3 .S-r � �t C O S
es
Legal Description: Jyd-io'"- .3(o rO wh^qn IQ 9z TP in`k4 X
Zone District: 0 2- 0
Property Size (acres):
SE
,H4 Z
Project Description
Existing Use:
Proposed Use (From Use Table 3-403):
Description of Project: I CL ,9- C" ,0,,9't.�ur'1
-6 A�U --o ,P,&a9
�.�.L}Li,`�-P l'CY.F,Ip �" ""
crt ylri�ce,e.
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a l a-73 r,q 000
ort,n,L4*,� , 0
- - 2L�
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—Q�.
,fir
ac�iR.d,
Mroposed Development Area
Land Use Type
If of Lots
p of Units
Acreage
Parking
Single Family
Duplex
Multi -Family
Commercial
Industrial
Open Space
_
x
Other
Total
REQUEST FOR WAIVERS
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
O The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
corr%�` and accurate to the best of y now edge.
_ (�, T/h, 6/ lr���a�— z l z�
Signature of Property Owner or Authorized Represen� Tltle Date
OFFICIAL USE ONLY
File Number:
Fee Paid:
/o
LAM
GARFIE("COUNTY'
--,
=Garjrfield County—,
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and Property owner ("APPUC4NT°)
l. The Applicant has submitted to the Cou |
���ncf�v4
2. The Applicant understands andagrees1hatGarOe|d[ountyReso|ubonNo.2O14-6O as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3.The Applicant and the County agree that because of the size, nature mscope of the
proposed project, it isnot possible atthis time toascertain the full extent nfthe costs
involved inprocessing the application. The Applicant agrees tomake payment ofthe Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees tomake additional payments upon notification bythe
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or costof
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
Billing Contact Person:- 02, Phone: 01 C5
City: State: Zip Code:
Printed Name of Person Authorized to Sign:
(Signature) 7 (Date)
Date: 03-04-1999
Property Address:
7297 COUNTY ROAD 233 SILT, CO 81652
VICKI LEE GREEN & ASSOC., INC.
930 GRAND AVENUE
GLENWOOD SPRINGS, CO 81601
Attn: TONYA
Phone: 970-945-1010
Fax: 970-945-2593
Copies: 1
Sent Via US Postal Service
ALPINE BANK
P.O. BOX 10000
GLENWOOD SPRINGS, CO 81602
Attn: KENT OR SEAN
Phone: 970-945-2424
Fax: 970-945-2296
Copies: 1
Sent Via US Postal Service
Our Order Number: GW230744-3
MASON & MORSE REAL ESTATE
0304 HIGHWAY 133
CARBONDALE, CO 81623
Attn: JEANNE CASEY
Phone: 970-963-3300
Copies: 2
Sent Via US Postal Service
Date: 03-04-1999 Our Order Number: GW230744-3
Property Address:
7297 COUNTY ROAD 233 SILT, CO 81652
Buyer/Borrower:
LEVI A. TROYER AND CHARLENE A. TROYER
Seller/Owner:
STUART K. CERISE AND PATRICIA L. CERISE
Note: Once an original commitment has been issued, any subsequent
modifications will be emphasized by underlining or comments.
If you have any inquiries or require further assistance, please contact one of the numbers below:
For Closing Assistance: For Title Assistance:
Margaret Joy Glenwood Springs Title Dept.
817 COLORADO AVE. #102 Cindy Cochran
GLENWOOD SPRINGS, CO 81601 817 COLORADO AVE. #102
Phone: 970 945-2610 GLENWOOD SPRINGS, CO 81601
Fax: 970 945-4784 Phone: 970-945-2610
Fax: 970-945-4784
THANK YOU FOR YOUR ORDER!
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. GW230744-3
Schedule A Cust. Ref.:
Property Address:
7297 COUNTY ROAD 233 SILT, CO 81652
1. Effective Bate: February 07, 1999 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Owner's Policy 10-17-92 $275,000.00
Proposed Insured:
LEVI A. TROYER AND CHARLENE A. TROYER
„ALTA" Loan Policy 10-17-92 $162.000.00
Proposed Insured:
ALPINE BANK, ITS SUCCESSORS AND/OR ASSIGNS
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
STUART K. CERISE AND PATRICIA L. CERISE
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
Our Order No. GW230744-3
A PARCEL OF LAND BEING THE Wl/2NE1/4SE1/4 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE
92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL OF LAND IS DESCRIBED AS
FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID W1/2NE1/4SE1/4 WHENCE THE EAST QUARTER
CORNER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEARS SOUTH 12 DEGREES 57' 25" WEST 4444.15 FEET;
THENCE SOUTH 89 DEGREES 54' 22" WEST 667.03 FEET TO THE SOUTHWEST CORNER OF
SAID Wl/2NE1/4SEI/4;
THENCE NORTH 01 DEGREES 11' 10" EAST 1334.70 FEET, TO THE NORTHWEST CORNER OF
SAID Wl/2NE1/4SEl/4;
THENCE SOUTH 89 DEGREES 53' 34" EAST 669.92 TO THE NORTHEAST CORNER OF SAID
W 1 /2NE 1 /4SE 1 /4;
THENCE SOUTH 01 DEGREES 18' 35" WEST 1334.92 FEET TO THE SOUTHWEST CORNER OF
SAID Wl/2NE1/4SE1/4 TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION CONVEYED TO WILLIAM G. SIEVERS AND ELSIE E. SIEVERS BY
DOCUMENT RECORDED AUGUST 2, 1978 IN BOOK 513 AT PAGE 685 AS RECEPTION NO.
287425.
COUNTY OF GARFIELD
STATE OF COLORADO
TOGETHER WITH A 30 FOOT ROAD EASEMENT SAID ROAD EASEMENT BEING 15 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT A POINT ON THE
SOUTHERLY LINE OF SAID Wl/2NEl/4SE1/4 WHENCE THE SOUHHWEST CORNER OF SAID
W1/2NE1/4SE1/4 BEARS SOUTH 89 DEGREES 54' 22" WEST 55.30 FEET;
THENCE ALONG THE CENTERLINE SOUTH 09 DEGREES 24' 42" WEST 235.65 FEET;
THENCE SOUTH 02 DEGREES 34' 54" WEST 294.74 FEET;
THENCE SOUTH 02 DEGREES 16' 33" WEST 212.50 FEET;
THENCE SOUTH 03 DEGREES 28' 20" WEST 155.29 FEET;
THENCE SOUTH 00 DEGREES 08' 59" WEST 280.00 FEET;
THENCE SOUTH 02 DEGREES 10' 26" WEST 157.36 FEET MORE OR LESS TO A POINT IN A
COUNTY ROAD AS CONSTRUCTED AND IN PLACE.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Schedule B-1
(Requirements) Our Order No. GW230744-3
The following are the requirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
1. RELEASE OF DEED OF TRUST DATED JULY 19, 1996, FROM STUART K. CERISE
PATRICIA L. CERISE TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF
STERLING FINANCIAL SERVICES, INC., A COLORADO CORPORATION TO SECURE THE
SUM OF $105,000.00 RECORDED JULY 23, 1996, IN BOOK 986 AT PAGE 215, UNDER
RECEPTION NO. 496126.
SAID DEED OF TRUST WAS ASSIGNED TO MELLON MORTGAGE COMPANY IN ASSIGNMENT
RECORDED APRIL 16, 1997, IN BOOK 1015 AT PAGE 605.
2. PROPER WITHDRAWAL OF NOTICE OF ELECTION AND DEMAND FOR SALE BY THE PUBLIC
TRUSTEE RECORDED JANUARY 22, 1999, IN BOOK 1110 AT PAGE 427 PURSUANT TO
FORECLOSURE OF DEED OF TRUST RECORDED JULY 23, 1996, IN BOOK 986 AT PAGE
215.
NOTE: PUBLIC TRUSTEE FORECLOSURE SALE NO. 99-02.
3. RELEASE OF DEED OF TRUST DATED SEPTEMBER 23, 1996, FROM STUART K. CERISE
PATRICIA L. CERISE TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF
COLORADO NATIONAL BANK TO SECURE THE SUM OF $59,000.00 RECORDED NOVEMBER
04, 1996, IN BOOK 998 AT PAGE 593, UNDER RECEPTION NO. 500651.
4. WARRANTY DEED FROM STUART K. CERISE AND PATRICIA L. CERISE TO LEVI A.
TROYER AND CHARLENE A. TROYER CONVEYING SUBJECT PROPERTY.
5. DEED OF TRUST FROM LEVI A. TROYER AND CHARLENE A. TROYER TO THE PUBLIC
TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF
$162.000.00.
NOTE: ITEMS 1-4 OF STANDARD EXCEPTIONS WILL BE DELETED FROM MORTGAGEE'S
POLICY UPON RECEIPT OF SATISFACTORY SURVEY AFFIDAVIT AND FINAL LIEN
AFFIDAVIT. FORM 100 WILL BE ATTACHED TO MORTGAGEE'S POLICY WHEN ISSUED.
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. GW230744-3
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
Rights of claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE
PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER
SERVICE OR STREET IMPROVEMENT AREA.
10. WATER RIGHTS OR CLAIMS TO WATER RIGHTS.
11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 30, 1911, IN BOOK 71
AT PAGE 505.
12. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 30,
1911. IN BOOK 71 AT PAGE 505.
13. EASEMENTS AND RIGHTS OF WAY FOR PIPELINE AS CONTAINED IN INSTRUMENT
RECORDED JULY 12, 1916 IN BOOK 86 AT PAGE 476.
14. EASEMENTS AND RIGHTS OF WAY FOR ROAD AS CONTAINED IN INSTRUMENT RECORDED
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. GW230744-3
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
AUGUST 2, 1978 IN BOOK 513 AT PAGE 685.
15. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY IN
INSTRUMENT RECORDED JANUARY 13, 1982 IN BOOK 590 AT PAGE 650.
Required by C.R.S. 10-11-122
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may
be obtained from the Board of County Commissioners, the County Clerk and Recorder, or
the County Assessor.
Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of
at lease one half of an inch. The clerk and recorder may refuse to record or file any document that does not
conform, except that, the requirement for the top margin shall not apply to documents using forms on which
space is provided for recording or filing information at the top margin of the document.
I fll µIII fill III IIIIIIII IIIIII III IIIII IN I1 1
541678 03/15/1999 04:40P B1119 P135 M ALSDORF
1 of 2 R 11.00 D 27.50 GARFIELD COUNTY CO
Filed for record the day of ,A.D. 19 , at o'clock M. RECORDER
Reception No. By DEPUTY.
WARRANTY DEED
THIS DEED, Made on this day of March 15. 1999
between STUART K. CERISE AND PATRICIA L. CERISE
of the County of GARFIELD and State of Colorado of the Grantor(s), and
LEVI A. TROYER AND CHARLENE A. TROYER
whose tegal address is : 7297 COUNTY ROAD 233, SILT CO 81652
of the County of GARFIELD and State of Colorado of the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sum of ( $275,000.00 }
*** Tcvo Hundred Seventy Five Thousand and 001100 *** DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever,
not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate,
Lying and being in the County of GARFIELD and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known as street number 7297 COUNTY ROAD 233, SILT, CO 81652
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the enseating and delivery
of these presents, he is welt seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and Lawful authority to grant, bargain,
sell and convey the some in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY
The Grantor(s) shall and wilt WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shalt include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has execu '
STATE OF Colorado )
)ss.
County of GARFIELD }
ATTORNEY -IN -FACT
The foregoing instrument was acknowledged before me on this day of March 15.1999
by STUART K. CERISE INDIVIDUALLY AND AS ATTORNEY -IN -FACT FOR PATRICIA L. CERISE
of the County of GARFIELD and State of Colorado of the Grantor(s), and
LEVI A. TROYER AND CHARLENE A. TROYER
whose legal address is : 7297 COUNTY ROAD 233 SILT CO 91652
of the County of GARFIELD and State of Colorado of the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sum of ( $275,000.00 )
*** Two Hundred Seventy Five Thousand and 00l100 *** DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sett, convey and confirm unto the Grantee(s), their heirs and assigns forever,
not in tenancy in common but in joint tenancy, ail the real property, together with improvea}ents, if any, situate,
lying and being in the County of GARFIELD and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known as street number 7297 COUNTY ROAD 233, SILT, CO 81652
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in taw or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
their heirs and assigns forever. The Grantor(s), for himself, his heirs and persona( representatives, does covenant, gran
bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the enseating and delivery
of these presents, he is welt seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee side, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR I999 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has execs
STATE OF Colorado )
)ss.
County of GARFIELD )
ATTORNEY -IN -FACT
The foregoing instrument was acknowledged before me on this day of March 15,1999
by STUART K. CERISE INDIVIDUALLY AND A ATTORNEY -IN -FACT FOR FATRICIA L CERISE
My commission expires n >;
Witness my hand and official sea3 n ri
°
I Notary Public
Name and Address of person Creating Newly Created Legal Description ( 38-35-10b.5, C.R.S.)
Escrow# GW230744 When Recorded Return to: VICKI LEE GREEN & ASSOCIATES
Title# GW230744 �82
6 930 GRAND AVENUE GLENWOOD SPRINGS Co
f m N0. 921A Rev 4 44. WARRANTY DEED (To Joint Tenants) 81601 11 —
I I Ill lil IIII III III I III I III11111 IN IN
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EXHIBIT A
A PARCEL OF LAND BEING THE Wl/2NE1/4SE1/4 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE
92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL OF LAND IS DESCRIBED AS
FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID W1/2NE1/4SE1/4 WHENCE THE EAST
QUARTER CORNER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH
PRINCIPAL MERIDIAN BEARS SOUTH 12 DEGREES 57' 25" WEST 4444.15 FEET;
THENCE SOUTH 89 DEGREES 541 22" WEST 667.03 FEET TO THE SOUTHWEST CORNER OF
SAID W1/2NE1/4SE1/4;
THENCE NORTH 01 DEGREES 11' 10" EAST 1334.70 FEET, TO THE NORTHWEST CORNER OF
SAID Wl/2NE1/4SE1/4;
THENCE SOUTH 89 DEGREES 53' 34" EAST 669.92 TO THE NORTHEAST CORNER OF SSAID
W1/2NE1/4SE1/4;
THENCE SOUTH 01 DEGREES 18' 35" WEST 1334.92 FEET TO THE SOUTHWEST CORNER OF
SAID Wl/2NE1/4SE1/4 TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION CONVEYED TO WILLIAM G. SIEVERS AND ELSIE E. SIEVERS BY
DOCUMENT RECORDED AUGUST 2, 1978 IN BOOK 513 AT PAGE 685 AS RECEPTION NO.
287425.
COUNTY OF GARFIELD
STATE OF COLORADO
TOGETHER WITH A 30 FOOT ROAD EASEMENT SAID ROAD EASEMENT BEING 15 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT A POINT ON THE
SOUTHERLY LINE OF SAID Wl/2NE1/4SE1/4 WHENCE THE SOUTTWEST CORNER OF SAID
W1/2NE1/4SE1/4 BEARS SOUTH 89 DEGREES 54' 22" WEST 55.30 FEET;
THENCE ALONG THE CENTERLINE SOUTH 09 DEGREES 24' 42" WEST 235.65 FEET;
THENCE SOUTH 02 DEGREES 34' 54" WEST 294.74 FEET;
THENCE SOUTH 02 DEGREES 16' 33" WEST 212.50 FEET;
THENCE SOUTH 03 DEGREES 28' 20" WEST 155.29 FEET;
THENCE SOUTH 00 DEGREES 081 59" WEST 280.00 FEET;
THENCE SOUTH 02 DEGREES 10' 26" WEST 157.36 FEET MORE OR LESS TO A POINT IN A
COUNTY ROAD AS CONSTRUCTED AND IN PLACE.
COUNTY OF GARFIELD
STATE OF COLORADO
oil 1111111 11-111-IM-1111-111
541680 03/15/1999 e4-46P B1119 P139 M ALSDORF
I of I R 6.00 D 0.00 SARFISLD COUNTY CO
Road Maintenance Agreement
On this 15th day of March 1999, we the undersigned owners and
occupants of property located in the following legally described property locations, agree
to the following items:
1. The road is used for ingress and egress of property owner's cars. Also, we agree to
allow state vehicles, fire vehicles and other cars, as the owners deem necessary. This
will also include visitors and inspectors to the property.
2. We agree to improve the road as necessary and further agree to share the cost among
the homeowners on the road, but by unanimous consent only. This extends to
present and future owners and their assigns.
3. All -covenants -for use, improvement.and-maintenanmof therDad-are-ta run with the
land.
4. That the mortgagee of any and all properties is able to take advantage of and sell the
property if acquired by foreclosure sale with road agreement intact.
5. The mortgagee of any and all properties is not liable for costs of repair which accure
prior to a foreclosure sale if its mortgagor fails to pay his share for repairs.
6. We hereby agree to share all of the costs involved in the snow removal, grading, and
other necessary items, as we deem necessary to make road passable, but by
unanimous consent only.
7. The duration of the easement will remain in effect with all mortgages now presently
on the properties and all assigns of future properties for the life of all mortgages now
on the homes and any future mortgages.
We certify that we are the current owners of record for the above described and agree to
all of the above terms of this agreement.
The property is legally described as being: 7297 County Road 233, Silt, Co 81652
Levi A. Troyer Charlene A. Troyer
The property is legally described as being: 7295 County Road 233, Silt, Co 81652
Atu K. ten"se atrniciaL. Cerise BY STUART K. CERISE
AS HER ATTORNEY -IN -FACT
VICKI LEE GREEN
930 GRAND AVENUE
GLENWOOD SPRINGS CO 81601
�-1
111111111111111111111111111111111 MIN 11111111 IN IN
541681 03/15/1999 04:48p B1119 pJ40 M ALSDORF
I of I R 6.00 0 0.e0 GARFIELD C(XJNTY CO
Shared Well Agreement
This document is to verify that the two separate properties located at
7297 County Road 233, Silt, CO 81652, and 7295 County Road 233, Silt,
CO 81652, will share equally in the use, electricity and maintenance of the
domestic well #63232 named Tim Sievers,
rk
taiart K. Cerise
Levi A. Troyer
--
Pitricia, L. Cerise BY SI UAR K. CERISE
AS HER ATTORNEY -IN -FACT
Charlene A. Troyer
VICKI LEE GREEN
930 GRAND AVENUE
GLENWOOD SPRINGS CO 81601
'54f loe I
Recorde," of :3160 dcjOck _P M. JAN 1 .1 1W
Reception No. 32:31S MILDRED ALSDORF, RECORDER
�OP!GE650
In
8
FORM 322-10-3148
I
ADMINISTRATIVE AND OPERATING PRACTICES RETAIN PERMANENTLY
MOUNTAIN BELLmPUBLIC SERVICE COMPANY Grid No.-10106
Dale Clawson PSCO Document No..
R.O.W. Agent Approved Mtn. Bell Doc. No.
UTILITY EASEMENT
The undersigned Grantor hereby acknowledges receipt of $ 1.00 (one and n0/100) from PUBLIC SERVICE COMPANY
OF COLORADO, 550 15th Street, Denver, Colorado, 80202, AND THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY, 931 14th Street, Denver, Colorado, 80202, hereafter called the Grantees, in consideration of which he hereby grants
unto said Grantees their successors and assigns, an easement to construct, operate and maintain utility lines and all fixtures and
devices, used or useful in the operation of said lines, through, over, under, across -and along a course as said lines may be hereafter
constructed in Lot Block
Subdivisio
n
in the %-, NEk, SEk of Section 36
Township 5 South Range 92 West of the 6th
Principal Meridian in the City of County of Garfield
State of Colorado, the approximate center line of the easement is described as follows:
Beginning at the S.E. corner of the Wk NFk SE:k of Sec. 36 T5S R92W of the
.
6th Principal Meridian whence the Ek corner of Sec. 4, T6S, R92Iq of the 6th
Principal 'Meridian bears S. 190 57'25'1,T four thousand four hundred forty-
four and fifteen,hmdredths'(4444.15) feet, thence N.010 18'35"E me hundred
seven and five tenths (107.5) feet to true point of beginning, thence —
N.280 04'38'lq one hundred eighty-five (185) feet to point of termination.
Said easement is.. 10 feet in width.
TogethL. with the right to enter upon said premises, survey, construct, maintain, operate, repair, replace, *control and use
said utility lines and'related fixtures and devices, and to remove objects interfering therewith, including the trimming of trees
and bushes, and together with the right to use so much of the adjoining promises of Grantor during surveying, construction,
maintenance, repair, removal or replacement of said utility lines and related fixtures and devices as may be required to permit the
operation of standard utility construction or repair machinery, and the right to permit the installation of the facilities of any
other company. The Grantor reserves the right to use and occupy said premises for any purpose consistent with the right and
privileges above granted and which will not interfere with or endanger any of the said Grantees facilities therein or use thereof.
Such reservation by the Grantor shall in no event include the right to erect or cause to be erected any buildings or structures
upon the right-of-way herein granted. In case of the permanent abandonment of said right -of -way, -all right, privilege and interest
herein granted shall terminate.
Grantor further grants unto the Grantees the right, privilege and authority to permit.any form of other communications or
other utility company to occupy and maintain its facilities within and in accordan6e with the provisions of this utility easement.
The work of. installing said lines and related fixtures and devices shall be done with care; the surface along said right-of-way
shall be restored substantially to its original level and condition.
'Grantor" shall include the plural and the feminine.
Signed this day of 19
WITNESSES: GRANTOR
TMlian G. Mantover
STATE OF COLORADO I
County of ss.
The foregoing instrument was acknowledged before me
this day. of 19 by'
My commission expires
Witness my hand and official seal.
if acting In official or representative capacity, Insert name and also office for whom acting.
Notary Public
t
i fy _ a Y •r {0. .�' f.��1 'R Mi
iA4$-may TT � �f� A.. .
;
x;
-
`i
March, Zs
e Karen A. HontoveZ
s l.t, - Cblo.rs 81652
Re: Senate Bill 35 ExamPtIon PeqmWt
Dear, . n ra
Pl ' find enclosed a copy of the Resolution in theabove
XvIerenced mtter. The Board of Cbunty Comdssioners has signed
and approved ur exenption request on March 27, 1978.
xf you ham any questions or comments, please do not hesitate
to contact this office.
Sincerely,
PJW/ka
Robert A. Nil tkowski
D#re o
Enclosure
,.�t<��.� �` � � . � + � in; ...;jttn�; �ng�rt�t rs ' (cnti Sur.r•T.,r,
2v» BtF. St. ' Glenwood Springs, Colo. 81601 ' 303-9AS-8664 IAA West 4th St. ' Rifle, Colo. 81650 ° 303-625-2740
A parcel of land situated in the VINFhSEI�, Section 36, TownshipSouth,
Range 92 West of the Sixth Principal Meridian, said parcel of land is described
as follows:
Beginning at a rock corner found in place and properly marked for the East
QuarterCorner of ,.. a s M ►. South, Range ,. 1f .: Sixth Principal
..
ti
Meridian; thence N. 12*5725" E. 4444.15 feet; thence S. 89*54'22" W. 667.03 feet;
thence N. 01*11'10" E. 200.00 feet to the True Point of Beginning; thence N.
;* -a i*M0{0 feet to the True Point of
Beginning.
The above described parcel of a contains# more or
SCARROWAND WALNA, INC.
204 8th Street
February 27, 1978 Glenwood Springs, Colorado
.r
Robert A. Wamsley LeRoy E. iobler 7456 West 5th Ave, o
Gary S. Berschauer Martin S. Clldford Denver, Colo. 80226
Dennis 0. Bradley Raymond L. Baldwin 303/232.6050 r,
t
NOTE:
Bearings for this sur-
vey obtained from Solar
observation between the
Southeast Corner of Sec
Lion 36 and the South
Quarter Corner of Sec-
tion 36,
P-i
GARFIELD COUNTY
COLORADO
J
A parcel of land being the WjWjNEkSEk of Section 3(
Township 5 South, Range 92 West of the Sixth Princ!
pal Meridian, said parcel of land is described. as.
follows:
Beginning at the Southeast Corner of said WIWINE46f
whence the East Quarter Corner of Section 4, Townst
6 South Range 92 West of the Sixth Principal.Wri(
i an
bears: N.89*54122" E. 333.515 feet and S.121157I
W.4444.15 feet; thence S.89154122" W. 333.515 feet
along the Southerly' . line of said WjWjNEkSEk; thence
N. 0 1 a I I I 10" E. 1334.70 feet along the Wester I y I i n(
of said WIWINEkSEk; thence N.89053t3411 E. 334.96 feet along the Northerly line of said WjWjNE1
thence S.01* 14152" W. along the Easterly line of said W-EW-ENEnSE4, 1334.81 feet to the Sou-fheat
Corner of said WIWINE41SEk, the point of beginning, containing 10.24 acres, more or less.
Together with a 30 foot road easement said road easement being 15 feet on each side of the fol
7-/-/. ` NTH PM
Coro 912
E *'S E
e YZ M6 Y4 SCY4
IS%
Z
2 3
ti
SCAII-E //A'0/7- 300 AEE;
ry I
9 *7.
2 74
14
GARFIELD COUNTY
(Sao. 340) COLORADO
0CA1. CORNE12 _-0&11V,0 1,,V
co,?. .5E,0. 4
-9 0.3 0.2812 0 tow
R 9 2
parcel of land being the WINE4SE4 of Section
36, Township 5 South, Range 92 West of the Sixth
1
15 0 0 11 08'.5 9' A/
Principal .Meridian, said parcel of land is de-
280.400'
scribed as follows:
Beginning at the So'utheast Corner of said WINE;;
SEk whence the East Quarter Corner of Section
/0 ,a 6 kv
4, Towhship 6 South., Range 92 West of the Sixth
-9021,
157.36'
Principal Meridian bears: S.1245712511 W. 4444.15
feet; thence S.89'502211 W. 667.03 feet to the
coutv-ryo
Southwest Corner of said WINESEk; thence N.010
2 I
I1yI0" E. 1334.70 feet,to the Northwest Corner
of said WiNEISE4; thence N.8905313411 E. 669.92
4
feet to the Northeast Corner of said WJNEkSEI,;
west Corner of said W_'NEISE41, the point of
Y 4 -
thence S.0101813511 W. 1334.92 feet to the South-
beginning, containing 20.48 acres, more or less.
Toasther with a 30 fnn+ rnAH aAcam®n+ - ;A
---A
Pursuant to C.R.S. (1973) Section 30-28-101(10)(a) - (d) as amended,
and the Subdivision Regulations of Garfield County, Colorado, adopted
September 1, 1972 and amended April 14, 1975, Sections 1.02.17(
3.02.01, the underst!
;Ip!i��11111111; I 111111111111111111��
11`11!11111 ['11114-11INI !Ii j Iff:
County, Colorado, to exempt by resolution ea7,y c
more fully hereinafter described, from the definitions of "subdivision"
and "subdivision land" as the terms are used and defined in C.R.S. (1971
Section 30-28-101(a) - (d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
Submitted at Glenwood Springs, Colorado, this day
1 14
of
Land Title Guarantee Company
Customer Distribution
t PREVENT FRAUD - Please remember to call a member of our closing tearer when
initistin-a a wire transfer or providing wiring instructions.
Order Number:
Property Address
For Closing Assistance
Jessica Reed
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 930-9815 (Work)
(800) 318-8206 (Work Fax)
lreedgltac.com
Contact License: CO299243
Company License: C044565
For Title Assistance
Land Title Garfield County Title Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresrronse t c com
Buyer/Borrower
CHARLENE ANN TROYER
Delivered via: Electronic mail
Closers Assistant
Jordan Thomas
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(800) 318-8206 (Work Fax)
ithomas ltoc com
Contact License: C0732837
Company License: C044565
Buyer/Borrower
LEVI TROYER
Delivered via: No Commitment Delivery
Seller/Owner
JAMES D. MILLER & CONNIE F. MILLER
Delivered via: Electronic Mail
Date: 03/24/2023
Closing Processor
Raven Peterson
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(800) 318-8206 (Work Fax)
rayoetersonC@ALQg cam
Company License: C044565
Agent for Buyer
SUNLIGHT REALTY
Attention: JEANNE CASEY
PO BOX 34
NEW CASTLE, CO 81647
(970) 379-1994 (Work)
casey4homes@yahoo.com
Delivered via: No Commitment Delivery
Agent for Seller
SUNLIGHT REALTY
Attention: JEANNE CASEY
PO BOX 34
NEW CASTLE, CO 81647
(970) 379-1994 (Work)
casey4homes@yahoo.com
Delivered via: Electronic Mail
Land Title Guarantee Company
Pq Estimate of Title Fees
Land Title
Order Number: GW63019481 Date: 03/24/2023
Property Address: 7295 COUNTY ROAD 233, SILT, CO $1652
Parties: CHARLENE ANN TROYER AND LEVI A.
TROYER
JAMES D. MILLER AND CONNIE F. MILLER
licit 1 4 Tiflo'z WahQita at www-Itar-mm for directions to anv of our offices
Estimate of Title insurance Fees
Owner's Extended Coverage Policy - ALTA Owner's Policy 07-30-21 (For Residential Land)
$1,613.00
"ALTA" Loan Policy 07-30-21 Bundled Purchase Loan Rate
$425.00
Endorsement 100
$0.00
Endorsement ALTA 8.1
$0.00
Tax Certificate
$0.00
Total $2,038.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will
be collected at
closing.
Thank you for your order!.._
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
623847
1! �rc �"v
603284
7295 COUNTY ROAD 233, SILT, CO 81652
1. Commitment Date:
03/1712023 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
Owner's Extended Coverage Policy - ALTA Owner's Policy 07-30-
21 (For Residential Land)
Proposed insured:
CHARLENE ANN TROYER AND LEVI A. TROYER
"ALTA" Loan Policy 07-30-21 Bundled Purchase Loan Rate
Proposed insured:
A LENDER TO BE DETERMINED, ITS SUCCESSORS AND/OR
ASSIGNS
3. The estate or Interest In the Land at the Commitment Date is:
A FEE SIMPLE
4. The Title is, at the Commitment Date, vested in:
JAMES D. MILLER AND CONNIE F. MILLER
5. The Land is described as follows:
Order Plumber: GW63019481
$250,000.00
A PARCEL OF LAND SITUATED IN THE W1/2NE1/4SE1/4, SECTION 36, TOWNSHIP 5 SOUTH, RANGE 92
WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT A ROCK CORNER FOUND IN PLACE AND PROPERLY MARKED FOR THE EAST QUARTER
CORNER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN;
THENCE NORTH 1205725" EAST 4444.15 FEET;
THENCE SOUTH 89054'22" WEST 667.03 FEET;
THENCE NORTH 01 ° 1110" EAST 200.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 01 ° 11'10" EAST 467.70 FEET;
THENCE SOUTH 88°48'50" EAST 275.00 FEET;
THENCE SOUTH 21 °42'02" WEST 499.37 FEET;
THENCE NORTH 88048'50" WEST 100.00 FEET TO THE TRUE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
This page is only a part of a 2021 ALTA9 Commitment for Title Insurance. This AMERICAN
Commitment is not valid without the Notice; the Commitment to issue Policy; the LAND TITLI
Commitment Conditions; Schedule A; Schedule B, Part 1—Requirements; Schedule B, ,tsi ocIATION
Part 11—Exceptions; and a counter -signature by the Company or its issuing agent that may 1`7tt-�
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
rep, 414111M III 1 11 11 , , 11 * -, I ,
Order Number: GW63019481
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
(Requirements)
Order Number: GW63019481
• f ..": f -f..
W&j!-Tt�t �y-v -01it-4-2 arty not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
1. WARRANTY DEED FROM JAMES D. MILLER AND CONNIE F. MILLER TO CHARLENE ANN TROYER AND
LEVI A. TROYER CONVEYING SUBJECT PROPERTY.
2. DEED OF TRUST FROM CHARLENE ANN TROYER AND LEVI A. TROYER TO THE PUBLIC TRUSTEE OF
GARFIELD COUNTY FOR THE USE OF A LENDER TO BE DETERMINED TO SECURE THE SUM OF
$250,000.00.
NOTE: ITEMS 1-3 OF THE PRE-PRINTED EXCEPTIONS ARE HEREBY DELETED FROM THE
MORTGAGEE'S POLICY. ITEM 4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED UPON RECEIPT
OF A SATISFACTORY LIEN AFFIDAVIT.
NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING.
REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED
A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM
THE SELLER AND PROPOSED INSURED, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE
DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE
ADDED AS EXCEPTIONS.
B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND
RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM NO. 5 OF THE PRE-PRINTED
EXCEPTIONS WILL BE DELETED.
C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, ITEM
NO.6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2023 AND SUBSEQUENT YEARS.
(Exceptions)
Order Number: GW63019481
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by
law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in
Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or
recirculated. Only the remaining provisions of the document will be excepted from coverage.
1 Any facts, rights, Interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
The Owner's Extended Coverage Policy will automatically increase coverage by 10 percent on each of
the first five anniversaries of the policy date, at no additional charge.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 30, 1911, IN BOOK 71 AT
PAGE 505.
9. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHTS IN DEED RECORDED JULY 12,
1916 IN BOOK 68 AT PAGE 476.
10. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT IN DEED RECORDED JULY 24,1975 IN BOOK
476 AT PAGE 5jaj.
11. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY IN INSTRUMENT
RECORDED JANUARY 13,1982 IN BOOK 590 AT PAGE 650.
12. TERMS, CONDITIONS AND PROVISIONS OF ROAD MAINTENANCE AGREEMENT RECORDED MARCH 15,
1999 UNDER RECEPTION NO. 5AI8 .
13. TERMS, CONDITIONS AND PROVISIONS OF SHARED WELL AGREEMENT RECORDED MARCH 15,1999
UNDER RECEPTION NO. 541680 AND 541681.
Order Number: GW63019481
14. OIL AND GAS LEASE RECORDED AUGUST 06, 2010 UNDER RECEPTION NO. 789662 AND ANY AND ALL
ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
15. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES
AND UTILITY LINES AS CONSTRUCTED AND IN PLACE.
AL.TA Commitment For Title Insurance
issued by Old Republic National Title Insurance Company
s NOTICE
IMPORTANT —READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY`S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B. Part 1—Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions ,Old Republic National Title Insurance
Company. a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Amount of insurance and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been
met within 6 months after the Commitment Date. this Commitment terminates and the Company's liability and obligation end.
COMMITMENT CONDITIONS
DEFINITIONS
(a)"Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally
discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identify,
familial status, disability, national origin, or other legally protected class.
(b)"Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
{cj"Land': The land described in item 5 of Schedule A and affixed improvements located on that land that by State law constitute real property. The
term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting
street, road, aavenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from
the Land is to be insured by the Policy.
(d)"Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument. including one evidenced by electronic
means authorized by law.
(e) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(f) "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued
pursuant to this Commitment.
(g) "Proposed insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
(h)°Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be
recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records"
does not include any other recording or tiling system, including any pertaining to environmental remediation or protection, planning, permitting,
zoning, licensing, building, health, public safety, or national security matters.
(i) "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the
District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
01 'Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2 If all of the Schedule B, Part 1—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company's liability and obligation end.
The Company's liability and obligation is limited by and this Commitment is not valid without:
(a)ihe Notice;
(b)the Commitment to Issue Policy;
(c)the Commitment Conditions;
(d)Schedule A;
(e)Schedule B, Part 1--Requirements: and
If) Schedule B, Part 11—Exceptions; and
(g)a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. if the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company Is not liable for any other amendment to this Commitment.
LIMITATIONS OF LIABILITY
(a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred In the interval between the
Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured's good faith reliance to:
i. comply with the Schedule B. Part 1—Requirements;
it. eliminate, with the Company's written consent, any Schedule B, Part it —Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
(b)The Company is not liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and
did not notify the Company about it in writing.
(c)The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment
included the added matter when the Commitment was first delivered to the Proposed Insured.
(d)The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment
Condition 5(a) or the Proposed Amount of Insurance.
(e)The Company'is not liable for the content of the Transaction Identification Data, if any.
(f) The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B. Part I —Requirements have been met
to the satisfaction of the Company.
(g)The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.
LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT. CHOICE OF LAW AND CHOICE OF FORUM
(a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b)Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this
Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court
having jurisdiction
(c)This Commitment, as last revised. Is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment
and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to
the subject matter of this Commitment.
(d)The deletion or modification of any Schedule B, Part It —Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(o)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.
7, IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company's agent for the purpose of providing closing or settlement services.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma
policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to Insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9
does not modify the limitations of liability in Commitment Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN
CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE
ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL
CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of insurance is $2,000,000 or less may be arbitrated at the
election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration
rules at hhp://www.alta.org/arbitration
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on
the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
1}i•1000),)
° J L. T aj- , °"
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Land Title Guarantee Company
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4yJseeUnd.l,eriu sauJr.°r`ire3,oris.l';iirescte55ttr
3033 East First Avenue Suite 600
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Denver, Colorado 80206
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303-321-1880 p
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Attest � Secreta)y
Craig B. Rants. Senior Vice President
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This page is only a part of a 2021 ALTAO Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1--Requirements; and Schedule B, Part II
—Exceptions, and a counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Fr TITLELAND COMPANY
DISCLOSURE
Land Title
(A) The Subject real property may be located in a special taxing district.
(B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note- Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy
when issued.
Mote: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
(A) The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(D) The Company must receive payment of the appropriate premium.
(E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note- Pursuant (nORS1U-11'123,notice ishereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, inSchedule 8-2.
(/) That there isrecorded evidence that umineral estate has been severed, leased, nrotherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, orgeothermal energy inthe property; and
(B) That such mineral estate may include the right to enter and use the property without the surface owners
permission.
Note: Pursuant hoCRS 10-1-128(6)(a). hiaunlawful tnknowingly provide false, incomplete, nrmisleading facts ov
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent ofaninsurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio -video communication technology. You may choose not to use remote notarization for any
document.
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
Land Title LAND TITLE GUARANTEE COMPANY OF SUMMIT COUN
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPA I
This Statement is provided to you asecustomer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that werecognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business, We maintain and regularly review internal and external safeguards against unauthorized
access ioyour non-public personal information (^Pemnnal|nformation^).
|nthe course cdour business, wemay collect Personal Information about you from:
m applications mother forms we receive from you, including communications sent through TMX.our web -based
transaction management system;
* your transactions with, or from the services being performed by us, our affiliates, or others;
* a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
* The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non -affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
wWe restrict access to all Personal Information about you to those employees who need to know that information in
order Voprovide products and services toyou.
* We may share your Personal Information with affiliated contractors or service providerswho provide services inthe
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services 0oyou usmay berequired byyour transaction.
v We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access orintrusion.
* Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
* We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
AWr
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct orgive unpermission; when wmare required bylaw hodnso, for
example, dwmare served asubpoena; o/when wesuspect fraudulent orcriminal activities. VYoalso may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed !oenforce our rights arising out ofany agreement, transaction orrelationship with you.
Our policy regarding dispute Tesolution is as follows-. Any controversy mclaim arising out of or relating to our privacy
policy, orthe breach thereof, shall bnsettled byarbitration inaccordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
984860 04/07/2023 04:27:11 PM Page 1 of 6
Jacklyn K. Harmon, Garfield County, Colorado
Rec Fee: $38.00 Doe Fee: $0.00 eRecorded
rhe printed portions of this form except difierenliated additions, have been approved by the Colorado Real Estate Commission (TD72-8-10) (Mandatofy 1-11)
IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS IS A LEGAL
INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
Deed of Trust
(Due on Transfer — Strict)
THIS DEED OF TRUST is made on this day of April 07, 2023, between CHARLENE ANN TROYER AND LEVI A. TROYER
(Borrower), whose address is 7295 COUNTY ROAD 233, SILT, CO 81652; and the Public Trustee of the County in which the
Property (see § 1) is situated (Trustee); for the benefit of JAMES D. MILLER AND CONNIE F. MILLER, AS JOINT TENANTS
(Lender), whose addressis7295 COUNTY ROAD 233, SILT, CO 81652
Borrower and Lender covenant and agree as follows;
1. Property In Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants
and conveys to Trustee in trust, with power of sale, the following legally described property located in the County of Garfield,
State of Colorado:
See attached "Exhibit A"
known as No. 7295 COUNTY ROAD 233, SILT, CO 81652, (Property Address), together with all its appurtenances
(Property).
2. Note: Other Obligations Secured. This Deed of Trust is given to secure to Lender:
2.1. The repayment of the indebtedness evidenced by Borrower's note (Note) dated April 07, 2023. in the principal sum of
Two Hundred Fifty Thousand and 00/100 Dollars (U.S. $250,000.00), with interest on the unpaid principal balance from
0410712023, until paid, at the rate of 4.0000 percent per annum, with principal and interest payable at 7295 COUNTY ROAD
233, SILT, CO 81652 or such other place as Lender may designate, in 1 payment of Two Hundred Fifty Thousand and
00/100 Dollars (U.S. $250,000.00). due within three (3) years of the Note date or upon death of both Note Holders; such
payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire
principal amount outstanding and accrued interest thereon shall be due and payable on April 07, 2026 ; and Borrower is to
pay to Lender a late charge of NfA % of any payment not received by Lender within
N/A days after payment is due-, and Borrower has the right to prepay the principal amount
outstanding under said Note, in whole or in part, at any time without penalty except N/A.
2.2. The payment of all other sums, with interest thereon at N/A % per annum, disbursed by
Lender in accordance with this Deed of Trust to protect the security of this DeedofTrust; and
2.3. The performance of the covenants and agreements of Borrower herein contained.
3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the
same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded
declarations, restrictions, reservations and covenants, if any, as of this date and subject to
4. Payment of Principal and Interest Borrower shall promptly pay when due the principal of and interest on the indebtedness
evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants
contained in the Note.
5. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in
payment of amounts due pursuant to § 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender
pursuant to § 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note.
6. Prior Mortgages and Deeds of Trust-, Charges; Liens. Borrower shall perform all of Borrower's obligations under any prior
deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions
attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold payments or ground
rents, if any, in the manner set out in § 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such
manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be
required to make payments otherwise required by this section if Borrower, after notice to Lender, shall in good faith contest
such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement
of the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and
other payments as ordered by the court to the registry of the court in which such proceedings are filed.
4,
rhe printed portions of this form except differentiated additions, have been approved by the Colorado Real Estate Commission (TD72-8-1 0) (Mandto7l -11
IF THIS FORM ISUSED |wA CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS IS A LEGAL
INSTRUMENT. |FNOT UNDERSTOOD, LEGAL, TAX OROTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
Deed pfTrust
(Due on Transfer — Strict)
THIS DEED OF TRUST is made on this day of April 07,2023.between CHARLENE ANN TROYER AND LEVI A. TROYER
(Borrower),whose audmss�� �2g�C�UN�v��Ao3�@8LT CO 81652 and �oPubU Tme�uof�eCuumyinwh�h�a
pmpon�(see 01)issituated (numo ; for the benefit ofJAM/ o.MILLER AND COmN|E F.MILLER, 4SJOINT TENANTS
(uandar).whose address \o7o95COUNTY ROAD uuu.SILT, oOa1ssu
Borrower and Lender covenant and agree as follows
1 ��inT���|n���d�����h������h�������
� and conveys mTrustee mtrust, with power odsale, the following legally described property located inthe County odGarfield,
State of Colorado:
See attached "Exhibit A"
known xoNo. 7295COUNTY ROAD 233, SILT, C#0652,(Property Address).together with all its appurtenances
(Property).
2N�Ot
her Se
cured. � —�1 The mpoymentodthe indo�ednasso�Uancedby8urmwo�ono�(Nmo)dmmd April Qm.2O23.inthe phnoipa|sum of
'ounu,eumu«Toovsamumnuuon00ouUom(U.8.$o5O.u0V.o0).witximem�untheuop�Updfrom
~-~�
Two Hundred
uo�|paid, authe ,moof 4.V0UOponmntper annvm.whhphn�pa|and intore�payable ot 7295 COUNTY ROAD
233` SILT, 'OV10onursucU�herp|aooasLondo,moydooiOn�e.in 1 payment cfTwo Hundred F�yThousand and
- 0On00Dollars (U'G $250.VOV.m4.due within three (3)years of the Note date orupondeathudbghNmeHo|Uers.
such
payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, ifnot sooner paid, the en
tire
principal amount outstanding and accrued interest thereon shall Uedue and payable onApril 07`2U20;and Borrower ium pay ouLender alate charge of N/A %uiany payment not received UyLender within
N/A days after payment is due; and Borrower has the right to prepay the principal amount
outstanding under said
mxNote, ' '�ioe or in 'art, at m .thereonany
au N/A v6perunnum.diabuaodUy
22.�e p�monu��/ o,sums, vm n�na.
Lender inaccordance with this Deed oiTrust toprotect the security o/this Deed m Trust-, and
2.3. The performance of the covenants and agreements of Borrower herein contained.
3 T|�|m Bo,m�oroovonansthat Bn,mwmrowns and has the right vogmntand convey the Popery, and warmnsdUotome
' | | ��eum �,��oou,mntyoar easements and recorded
aamm.o��o�oogone,amuo aa . .
declarations, restrictions, reservations and covenants, if any, as of this date and subject to
4. � �oymen�cdPrinolpu|�n�|nmeoe�Borrower shall promptly pay when due the principal ofand interest nnthe indebtedness
evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants
contained inthe Note.
5 App|iva�ionuiPuymonua.A]|paymemurexeiveUbyLender under the terms hereof shall UoappindUyLender firsin
F for T and then mamnu�sd|abu�egbyLender
puymen�cdamuumoduopu�va»�»oO23(Ea«mw«�da/ Taxes rdonuo�i�'��r*ermaandoundidunuo|�haNmo
pumvontmOn(P,mo�ivnufLendarsSeoun�).and mo a/onoam�co // .
O. Prior Mortgages and Deeds oYTrust; Charges; Liens. Borrower shall perform all uiBorrower's obligations under any prior
deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions
attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold payments or ground
mnm|�onyinthemunnoramm ou�Oua(Esomfo
r ' ' monner, byBorrower making payment whenduu. directly outhe payee thereof. Despite the foregoing,
Borrower shall not be
required to make payments otherwise required by this section if Borrower, after notice to Lender, shall in good faith contest
such obligation by, »/defendenforcementcd au000bligation in'mealproceedings which operate onprevent the enforcement
dthe obligation urforfeiture oYthe Property nrany part No�of`umyupon8urrowermaNn8o||xocxonn\osteUpaymemsanU other payments asordered Uythe court »othe registry of the court inwhich such proceedings are filed.
Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by
fire or hazards included within the term "extended coverage" in an amount at least equal to the lesser of (a) the insurable value of the
Property or (b) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior encumbrances on the
Property. All of the foregoing shall be known as "Property Insurance".
The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by
Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall
include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify Lender at least ten (10)
days before cancellation, termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before
closing. Lender shall have the right to hold the policies and renewals thereof.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower.
Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is
economically feasible and the security of this Deed of Trust is not thereby impaired. if such restoration or repair is not economically
feasible, or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this
Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to
Lender within 30 days from the date notice is given in accordance with § 16 (Notice) by Lender to Borrower that the insurance carrier
offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds, at Lender's option,
either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in §§ 4
(Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change the amount of such installments.
Notwithstanding anything herein to the contrary, if under § 18 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by
Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from
damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust
immediately prior to such sale or acquisition.
All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds are
subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and proceeds.
8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit
impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold.
Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws, rules, or other documents governing
the use, ownership or occupancy of the Property.
9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under § 6 above, if Borrower fails to perform
the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lien, or if any action or proceeding is
commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, with notice to Borrower if
required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest,
including, but not limited to:
9.1. any general or special taxes or ditch or water assessments levied or accruing against said property;
9.2. the premiums on any insurance necessary to protect any improvements comprising a part of the Property;
9.3. sums due on any prior lien or encumbrance on the Property;
9.4. if the Property is a leasehold or is subject to a lease, all sums due under such lease;
9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Lender's interest in the Property,
including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Property, receiver's fees
and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the
employment of the Lender or holder of the certificate of purchase;
9.6. all other costs and expenses allowable by the evidence of debt or this Deed of Trust; and
9.7. such other costs and expenses which may be authorized by a court of competent jurisdiction.
Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or
otherwise to cure any default under said prior encumbrance.
Any amounts disbursed by Lender pursuant to this § 9, with interest thereon, shall become additional indebtedness of Borrower
secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and
Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note; Other Obligations Secured). Nothing
contained in this § 9 shall require Lender to incur any expense or take any action hereunder.
10. inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property provided that Lender shall
give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest in the Property.
11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or
other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to
Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are subject to
the rights of any holder of a prior deed of trust. In the event of a total taking of the Property, the proceeds shall be applied to the sums
secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds
remaining after taking out any part of the award due any prior lien holder (net award) shall be divided between Lender and Borrower,
in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's
equity in the Property immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the
Property less the amount of sums secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the
award, all at the value immediately prior to the date of taking.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or
settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is given. Lender is authorized
to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this
Borrower(s)_ _
Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in § 4 (Payment
of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such installments.
12. Borrower Not Released. Extension of the time for payment or modification of amortization of sums secured by this Deed of Trust
granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original
Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender shall not be required to
commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors in interest.
13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise
afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy.
14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all other rights or
remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
successively.
15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall
bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions
of § 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint and several. The captions and
headings of the sections in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions
hereof.
16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in this Deed of
Trust shall be in writing and shall be given and be effective upon (1) delivery to Borrower or (2) mailing such notice by first-class U.S.
mail, addressed to Borrower at Borrower's address stated herein or at such other address as Borrower may designate by notice to
Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (1) delivery to
Lender or (2) mailing such notice by first-class U.S. mail, to Lender's address stated herein or to such other address as Lender may
designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given
to Borrower or Lender when given in any manner designated herein.
17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any
provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other provisions of this Deed of
Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and
Note are declared to be severable.
18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property: Assumption), upon
Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien upon the
Property, (unless Borrower has exercised Borrower's rights under paragraph 6 (Prior Mortgages and Deeds of Trust; Charges; Liens),
at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this
option, Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all
reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to,
reasonable attorney's fees.
If Lender invokes the power of sale, Lender shall give written notice to trustee of such election. Trustee shall give such notice to
Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice and shall cause publication of the legal
notice as required by law in a legal newspaper of general circulation in each county in which the Property is situated, and shall mail
copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by
law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place
(which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustee may think best and in such
order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. it shall not be obligatory upon
the purchaser at any such sale to see to the application of the purchase money.
Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but
not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and
(c) the excess, if any, to the person or persons legally entitled thereto.
19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of
the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due
as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such
payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had
occurred, and the foreclosure proceedings shall be discontinued.
20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby
assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under § 18 (Acceleration; Foreclosure;
Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable.
Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under §
18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by foreclosure proceedings and
the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of
Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court
of competent jurisdiction upon ex parte application and without notice; notice being hereby expressly waived.
Upon Acceleration under § IS (Acceleration; Foreclosure; Other Remedies} or abandonment of the Property, Lender, in person, by
agent or by judicially -appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the
rents of the Property including those past due.
All rents collected by Lender or the receiver shall be applied first, to payment of the costs of preservation and management of the
Borrower(s)
Property, second, to payments due upon prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall
be liable to account only for those rents actually received.
21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall
produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not
produce the Note as aforesaid, then Lender, upon notice in accordance with § 16 (Notice) from Borrower to Lender, shall obtain, at
Lender's expense, and file any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of
Trust.
22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under state or
federal law presently existing or hereafter enacted.
23. Escrow Funds for Taxes and Insurance. This § 23 is not applicable if Funds as defined below are being paid pursuant to a prior
encumbrance. Subject to applicable law, Borrower shall pay to Lender, on each day installments of principal and interest are payable
under the Note, until the Note is paid in full, a sum (herein referred to as "Funds") equal to of the yearly taxes and assessments which
may attain priority over this Deed of Trust, plus of yearly premium installments for Property Insurance, all as reasonably estimated
initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof, taking into account
any excess Funds not used or shortages.
The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrower and deposited in
an institution, the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds
to pay said taxes, assessments and insurance premiums. Lender may not charge for so holding and applying the Funds, analyzing
said account or verifying and compiling said assessments and bills. Lender shall not be required to pay Borrower any interest or
earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits
to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the
sums secured by this Deed of Trust.
If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they fall due,
Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is given in
accordance with § 16 (Notice) by Lender to Borrower requesting payment thereof. Provided however, if the loan secured by this Deed
of Trust is subject to RESPA or other laws regulating Escrow Accounts, such deficiency, surplus or any other required adjustment
shall be paid, credited or adjusted in compliance with such applicable laws.
Upon payment in full of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any funds held by
Lender, if under § 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by
Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, whichever occurs
first, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust.
24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer": (i) a transfer or conveyance
of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein); (ii) the execution of a contract
or agreement creating a right to title ( or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein);
(iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of 3 years; (iv) a sale or transfer of,
or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling
interest or more than fifty percent (50%) of the beneficial interest in Borrower and (v) the reorganization, liquidation or dissolution of
Borrower. Not to be included as a Transfer are (x) the creation of a lien or encumbrance subordinate to this Deed of Trust; (y) the
creation of a purchase money security interest for household appliances; or (z) a transfer by devise, descent or by operation of the law
upon the death of a joint tenant. At the election of Lender, in the event of each and every Transfer:
1. 24.1. All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration).
2. 24.2. If a Transfer occurs and should Lender not exercise Lender's option pursuant to this § 24 to Accelerate, Transferee shall
be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby
whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run
with the Property and remain in full force and effect until said sums are paid in full. Lender may without notice to Borrower deal
with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to
Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the
Borrower's liability hereunder for the obligations hereby secured.
3. 24.3. Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to § 24.2 above, the mere fact
of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or
constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be
estopped therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the
loan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's
said rights.
25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust.
Executed by Borrower:
Borrowers)
State of Colorado
)ss.
County of GARFIELD
The foregoing instrument was acknowledged before me on this day of April 7th, 2023 by CHARLENE ANN TROYER AND LEVI A.
TROYER
Witness my hand and official seal
My Commission expires: 170
qNot6r-y �bl ic
RE D
lF
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19994021384
My Commission c, September 08, 2024
Borrower(s) 44
A PARCEL OF LAND SITUATED IN THE Wl/2NEl/4SEl/4, SECTION 36, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT A ROCK CORNER FOUND IN PLACE AND PROPERLY MARKED FOR THE EAST QUARTER CORNER OF SECTION 4,
TOWNSHIP 8SOUTH, RANGE 82WEST OFTHE SIXTH PRINCIPAL MERIDIAN;
THENCE NORTH 1o"5725 EAST 444^15FEET;
THENCE SOUTH 88"s4'2u WEST s87.0nFEET;
THENCE NORTH O1"11'/o^EAST eoo.oOFEETTOTHE TRUE POINT DrBEGINNING;
THENCE NORTH O1"11'1O^EAST 40770FEET;
THENCE SOUTH 8D"*8'50^EAST 275.00FEET;
THENCE SOUTH 21"uo'o2^WEST 4o9.a7FEET;
THENCE NORTH oo"48'5o^WEST 1Oo.VUFEET TOTHE TRUE POINT OrBEGINNING.
COUNTY OFGARRBD
Properties within 200 yards of 7297 CR 233 Silt, Colorado.
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Garfwtd County
Amended Final Plat Review Ptroeess
(Section 5-305)
Step 1. Pre -application Conference
• 10 busmm days to review
- If incomplete,W days to remedy def clencles
• r.
•Mailed to adjacent properly ownen within 200 feet and mineral owners
at least 15 days prior to decision date
•21 day comment period
•Call-up Period - within 10 days of Director's Decision
*Final Plat must be signed by the BCCC and be recorded within 10
business days of approval.
Vt. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $na
Total Deposit: $100(additional hours are billed at hourly rate of $40.50)
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. This summary does not create a legal or vested
right. The summary is valid for a six-month period, after which an update should be requested.
The Applicant is advised that the Application submittal once accepted by the County becomes
public information and will be available (including electronically) for review by the public.
Proprietary information can be redacted from documents prior to submittal.
Pre -application Summary Prepared by:
John Leybourne, Planner III
1/5/2024
Date
5
Garfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application fior a Land Use Change Permit.
Mineral interests may be severed frorn surface right interests in real property. C.R.S. § 24-65.5-101, et serf,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seqt "as such oviners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
Vie uyiOlersigne -gaglicaa ceLtj
VV41"?"! .iF f-- � —
Use and Development
the followinrlufPlease initial n the blank line next 0 tA w 4AU
research):
V
.�� I own the entire mineral estate relative to the subject propertv; or
— Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
A4ppApplicant'stignaLture Date
re
Garfield County
MEMORANDUM
TO: Staff
FROM: County Attorney's Office
DATE: June 24, 2014
RE: Mineral Interest Research
Mineral interests may be severed from surface right interests in real property. Colorado revised
statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a lead
use designation by a local government. As such, the landowner must research the current owners
of mineral interests for the property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-
101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as
such owners can be identified through the records in the once of the Clerk and Recorder or
Assessor, or through other means."
It is the duty of the applicant to notify mineral interest owners. The following is a suggested
process to research mineral interests:
1. Review the current ownership deed for the property (i.e. Warranty Deed, Special
Warranty, Quit Claim Deed or Bargain and Sale Deed —NOT a Deed of Trust). The
ownership deed is usually one or two pages. Is there a reservation of mineral interests on
the ownership deed? Arc there any exceptions to title? A deed may include a list of
reservations that reference mineral owners or oil and gas leases.
2. Review your title insurance policy. Am there exceptions to lisle listed under Schedule B-
II? If so, review for mineral interests that were reserved said oil and gas leases.
3. Check with the Assessor's office to determine if a mineral interest has been reserved
from the subject property. The Assessor's office no longer documents the mineral
reservation ownersbip for its tax roll records unless ownership has been proven. There
we only a limited number of mineral owners who have provided such information to the
Assessor's office so this may not provide any information, depending on your property.
MEMO
June 24, 2014
Pave 2
4. Research the legal description of the subject property with the Clerk and Recorder's
computer, You can search The Section, Township, and Range oil the subject property.
You rnav find deeds for mineral interests for the subject property.
5. Research whether a Notice of Mineral Estate Otivnership N�qis riled for the subject
property. On the Clerk and Recorder's computer, search under Filter (on the fight hand
side of the screen), General Recordings, Notice of Mineral Estate Otimership for the
subject property.
6. If you find mineral interest owners as reservations on your deed, listed in your title
insurance Po licy. from the Assessor's records oeco
r the Clerk- and Rrder's computer, you
need to determine whether these mineral interests were transferred by deed and recorded
in the Clerk and Recorder's office.
7. Enter the to of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transferred. If you rind a transfer deed, you
need to repeat this process to follow any transfer of the mineral interest to present day.
8, Include a description of your research process in yo"r application and the name(s) and
address(es) of current mineral interest owner(s).
Mineral interest research can be a difficult and time consuming process. If you are unable to
determine mineral rights ownership by yourself, consider hiring an attorney or landman.
Attorneys and landmen specialize in &termining mineral rights o%vnership, but they charge a fee
for their services.
n.
Garfield County
Community Development Department
108 8ih Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfiel d-countv.com
TAX PARCEL NUMBER: 212736400041, DATE: 1/5/2024
212736400040
PROJECT: Troyer Amended Final Plat, Boundary Line Adjustment
OWNERS: Levi and Charlene Troyer
CONTACT/REPRESENTATIVE:
ENGINEER/SURVEYOR/OTHER:
PRACTICAL LOCATION: 7295 and 7297 County Road 233 Silt CO, 81652
TYPE OF APPLICATION: Amended Final Plat, BLA
ZONING: Rural
COMPREHENSIVE PLAN: Town of Silt Urban Growth Area
GENERAL PROJECT DESCRIPTION
The applicants would like to take a portion of parcel # 212736400040 to add to parcel
#212736400041 to accommodate a split in an existing driveway easement. The portion to be
added is approximately 18.47 acres in size.
Each of the Parcels are part of a previous subdivision exemption resolution.
The amended final plat will need to show all easements, property lines, and similar information.
An updated title commitment should be included with the application, as well as the draft final
plat. The plat should maintain previous agreements and any conditions associated with the
approved subdivision exemption. A BLA affidavit will need to be submitted for the BLA.
Access will need to be described in the application's narrative, as well as existing improvements,
natural features, or in place agreements such as shared road agreements.
A full list of submittal requirements is included below. Please reach out to staff with any
questions you may have.
COMPREHENSIVE PLAN
The area is considered Residential Low in the future land use map.
REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply to the
Application:
Section 5-305 - Amended Final Plat Review and Review Criteria
Table 5-103 Common Review Procedures and Required Notice
➢ Table 5-401 Submittal Requirements
Section 5-402 Description of Submittal Requirements including requirements for a Final
Plat
Section 4-103 Administrative Review and Section 4-101 Common Review Procedures
Article 7, Divisions 1, Z 3, and 4 as applicable
19�Wlfll•. 1 11 5,11
Three physical copies of the application and one digital copy of the application are required at
the time of submittal.
As a convenience outlined below is a list of information typically required for this type of
application. Table 5-401 Application Submittal Requirements outlines the specific application
submittal criteria. The following list can function as a checklist for your submittal.
i L General Application Materials including
o The Application Form (signed)
o Payment of Fees and signed Payment Agreement Form (see attached)
o A narrative describing the request and related information
o Proof of ownership (Deed)
o Title Commitment
a A recorded Statement of Authority is required for any property owned by an LLC
or other entity
o A Letter of Authorization if an owner intends to have a representative complete
the Application and processing
o Names and mailing addresses of property owners within 200 ft. of the subject
property from Assessor's Office Records
o Mineral rights ownership for the subject property including mailing address
and/or statement on mineral rights research (see attached)
o A copy of the Preapplication Summary
Vicinity Map
The Proposed Amended Final Plat according to 5-402,F. Final Plat
All required certificates (signature blocks) shall be included on the plat
0
E If there are improvements on the property, improvement location information/survey
information shall be provided to confirm that no non -conforming conditions will result
from the amended plat
E An Improvements Agreement or waiver should be included with the request
A copy of covenants on the property or reference to recording information for the
covenants
E: The Application should include a statement that the amendment will not result in any
changes to drainage, access, utility services, and any other applicable Subdivision and
Article 7 topics
Community Development Staff is available to meet with the Applicant to provide additional
information and clarification on any of the submittal requirements and waiver requests.
Call -Up for review by the Board in accordance with the procedures and review process contained
in Section 4-112.
Staff will review the application for completeness. The application will be forwarded to referral
agencies for additional technical comments. Staff will create a report based on the application
and referral comments for the Director.
Public Hearing(s): F_X] No Public Hearing, Directors Decision (with notice per code)
F-1 Planning Commission
E] Board of County Commissioners
F__1 Board of Adjustment
Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County
Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield County
Consulting Engineer, Carbondale and Rural Fire Protection District.
3
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